SB682 HD2.DOC

THE SENATE	S.B. NO.	682
TWENTY-SIXTH LEGISLATURE, 2011		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO KAKAAKO.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that there is an increasing concentration of density in the downtown and Kakaako center on the island of Oahu. In Act 153, Session Laws of Hawaii 1976, the legislature created the Hawaii community development authority as the entity in charge of the planning and development of Kakaako, one of the main centers of urban living in Honolulu. This was due to Kakaako's central location and largely unplanned and underutilized condition at the time.

The State realizes the importance of Kakaako and its location and has invested millions of dollars in clean-up and the building of infrastructure. The legislature also finds that the State needs to partner with the landowners in the area to develop this community in accordance with the development guidance policies. Moreover, the scarcity of landowners in Kakaako makes it imperative that planning incentives continue, which are essential to developing Kakaako in accordance with the development guidance policies pursuant to section 206E-33, Hawaii Revised Statutes.

The purpose of this Act is to allow certain lots in the makai area of Kakaako community development district to be developed for residential units and exempt from public facilities fees; provided that twenty per cent of the units are designated for residents in the low- or moderate-income range.

SECTION 2. Section 206E-31.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§206E-31.5[]] Prohibitions. Anything contained in this chapter to the contrary notwithstanding, the authority is prohibited from:

(1) Selling or otherwise assigning the fee simple interest in any lands in the Kakaako community development district to which the authority in its corporate capacity holds title, except with respect to:

(A) Utility easements;

(B) Remnants as defined in section 171-52;

(D) Private entities for purposes of any easement, roadway, or infrastructure improvements; or

(2) Approving any plan or proposal for any residential development in that portion of the Kakaako community development district makai of Ala Moana boulevard and between Kewalo basin and the foreign trade zone[.], excluding lot 1 as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2471 and lot 4 as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2335, which shall also be exempt from public facilities fees pursuant to section 206E-12; provided that at least twenty per cent of the total number of dwelling units in any residential development developed pursuant to this paragraph shall be dedicated as reserved housing as defined in section 206E-101."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 7, 2059, only if the legislature approves the transfer of lot 1 as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2471 and lot 4 as shown on the map filed with the bureau of conveyances of the State of Hawaii as file plan 2335, to the office of Hawaiian affairs by passing S.B. No. 2783 before the second regular session of the twenty-sixth legislature adjourns sine die.

Report Title:

Kakaako Community Development District; Residential Housing

Description:

Allows two lots in the makai area of the Kakaako Community Development District to be developed as residential properties that are exempt from public facilities fees; provided that at least twenty per cent of the units are designated for residents in low- or moderate- income ranges. Effective January 7, 2059. (SB682 HD2)

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